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Drunk at .05 BAC Says NTSB

The National Transportation Safety Board (“NTSB”) has recommend that states lower the blood-alcohol content that constitutes drunken driving.  Currently, all 50 states have laws establishing “Impaired Driving” at a BAC level of .08 percent of alcohol, by volume, in the blood.  If a driver has a BAC level of .08 or above, he or she is subject to prosecution for drunk driving.

 The NTSB has recommended dropping the BAC level to .05.  In support of their recommendation, they have argued that approximately 10,000 people die each year in alcohol related traffic accidents and 170,000 are injured.  With so many injuries and deaths, alcohol related accidents are a threat to public safety, says the NTSB.

The recommendation to reduce the BAC limit to .05 prompted immediate criticism.  A spokesperson for the American Beverage Institute called the measure “ludicrous”, stating that reducing the level from .08 to .05 would criminalize otherwise “reasonable behavior”.

In support of its recommendation, The NTSB reports some drivers with .05 BAC have difficulties with depth perception and other visual functions.  And, at at .07 cognitive abilities become impaired. The NTSB believes that if all states reduce their impaired driving standard to .05, nearly 1,000 lives could be saved annually.

The NTSB is an investigative agency that advocates on behalf of safety issues and has no authority to change state or federal law.  The decision to accept the .05 recommendation remains with individual states.  The last BAC reduction from .10 to .08 took more than 20 years for nation-wide implementation. 

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Reese Witherspoon’s “Graciousness” May Hurt Her Defense

Reese Witherspoon and her husband were arrested last week for DUI-related charges. The actress has since owned up on national television, a move that may hurt her in court.

ATLANTA – ACTRESS Reese Witherspoon and her husband Jim Toth were both arrested in April on charges related to drunk driving. Since then Witherspoon has appeared on national television and spoken frankly about the incident – a choice that DUI defense attorney John Tenn says may be disastrous for her criminal case should she choose to challenge the charges.

Witherspoon was in Georgia shooting the film “The Good Lie.” Toth was driving and was pulled over for driving in the wrong lane; he was arrested for DUI while Witherspoon was arrested for getting into a verbal fight with the arresting officer. She was charged with disorderly conduct.

According to the police report the officer told her to “sit on her butt and be quiet.”

Thursday on Good Morning America Witherspoon called her behavior “unacceptable” and apologized, saying “We are taking responsibility and doing everything in our power to make it right.”

Several fellow celebrities have applauded Witherspoon’s candor, with Michael Buble praising her “graciousness.” Attorney Tenn says that admission of fault, while “gracious”, may not be good for courtroom defenses.

“Her husbands  DUI charge can have very serious consequences. “Pre-trial nationally televised accounts of the events are not typically in a clients’ best interest.”

Witherspoon did not specifically admit that her husband was too drunk to drive, but her words will be used against her.

“She said they both had too much to drink, and that they both needed to take responsibility.” It’s hard to believe she’s only admitting to speaking disrespectfully to the police officer.

Any criminal conviction can have serious consequence, but in the world of “celebrity”, a little “press”, even bad press, seems to help careers.

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Alcohol Mixed With Diet Drinks May Increase Intoxication More Than Alcohol and Regular Drinks

According to news reports, a recent study authored by a professor at the University of Northern Texas indicates that mixing alcohol with diet soda can result in a higher breath alcohol concentration, than mixing alcohol with regular soda.  According to reports, the behavior of those who consumed alcohol with artificially-sweetened mixers (like the kind found in diet soda) also behaved more impaired than those who consumed the same amount of alcohol mixed with regular, sugar-sweetened drinks.

According to the study, the stomach appears to treat regular, sugar-sweetened beverages like food, delaying the stomach from emptying.   In that way, sugar-sweetened mixers appear to slow down the absorption of alcohol in the bloodstream.  While artificially-sweetened mixers may not elevate intoxication, the lack of sugar found in diet soda “simply allows the rate of alcohol absorption to occur without hindrance.”

Researchers have also apparently confirmed that women tend to be more frequent consumers of such artificially-sweetened alcohol mixers, such as diet soda, than men.  While all consumers of alcohol should be aware of this new research, those who regularly consume mixed drinks containing diet soda should be especially mindful of these results.  The study is being published in the April issue of the Journal: Alcoholism: Clinical & Experimental Research.

The criminal defense and DWI attorneys at Tenn And Tenn, P.A. maintain a statewide criminal defense practice and represent individuals in all NH Courts including: Candia District Court, Concord District Court, Derry District Court, Goffstown District Court, Hillsborough District Court, Hooksett District Court, Jaffrey District Court,  Laconia District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Plymouth District Court, Salem District Court and Seabrook District Court. If you have been arrested in NH and need help, call us today for a free consultation.

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NH DWI Laws Change for 2013
For 2013, the New Hampshire Legislature has made significant changes to the DWI laws. The NH DWI Lawyers at Tenn And Tenn, P.A. have highlighted the major changes below. Effective January 1, 2013, the penalties for anyone convicted of a NH DWI are significantly more severe than in the past. Broad modification to the Alcohol and Drug treatment requirements will cost individuals more time and money before their NH license will be restored. For the New Year, the Legislature has enacted harsher laws that will have major implications for anyone convicted of a NH DWI. If you have been arrested for DWI, please contact the experienced Manchester, NH DWI Attorneys today to review your legal options.
1. Arraignments Within 14 Days of Arrest
To the extent possible, arraignments should be held within 14 days of the date of the violation. By requiring an expedited hearing, many individuals charged with DWI will appear in Court without having the benefit of consulting with a NH DUI Attorney. We anticipate that some prosecutors will seize this opportunity to press individuals into a quick plea to a DWI. Unfortunately, the State prosecutor is not required to review with the citizen charged with DUI all of the potential and harmful collateral consequences of pleading guilty. Our NH DUI attorneys do not recommend attending any hearing on a NH DUI charge without first consulting one of our experienced DWI lawyers.
2. DWI – Drug Conviction Premised Upon Any Substance, Not Just Controlled Substances
Legislative changes for 2013 make it a crime to operate a motor vehicle while “under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive.” Prior to January 1, 2013, to be convicted of driving under the influence of drugs, the State of NH had to prove that a “controlled substance” caused the “impairment.” However, many drugs were not defined as “controlled substances” and as such, a conviction could not result. The Legislature has attempted to close this so-call “loophole” with these broad based changes to the DWI Statute to include any chemical substance which impairs a persons’ ability to drive. As a Nation that regularly uses prescription medication, we may now be facing criminal prosecution for the anxiety, depression and/or cold medicines we need. Remember, a New Hampshire DWI conviction only requires the State to prove impairment to any degree.
3. Increased Penalties for Aggravated DWI and Subsequent DWI Offenses
In 2013, a conviction for Aggravated DWI now requires not less than 17 consecutive days in jail with 12 days suspended pending completion of the IDCMP. The prior version of this law mandated only 3 days in jail. Likewise, subsequent DWI convictions can result in longer periods of incarceration.
4. NH’s Impaired Driver Care Management Program (IDCMP)
Prior to 2013, if you were convicted of a DWI in NH, you would be required to complete one of three programs before your license would be restored: A 20 hour Impaired Driver Intervention Program (IDIP) for a first offense, a 7 day Multiple Offender Program (MOP) for an Aggravated DWI or second offense, and a 28 day Residential Program for a third offense or more.
Any post January 1, 2013 DWI conviction will require the attendance and completion of the IDCMP program (Impaired Driver Care Management Program). If you have not completed the IDIP within the last 5 years, you still have to do that. The IDCMP requires an intake screening within 14 days of the date of conviction (this will cost you around $100). If at the program you are deemed a “high risk” to reoffend, you will be required to participate in a full substance use disorder evaluation. Thereafter, expect to participate in a Service Plan, at your cost, before your license will be restored. If you enroll in the IDCMP within 14 days and complete the substance use disorder evaluation within 30 days, then the state can reduce your license loss by 6 months. Bottom Line: anyone convicted of a NH DWI in 2013 will face multiple Alcohol and Drug screenings and evaluations, and will spend more time and money satisfying the IDCMP requirements before being able to have their driver’s license restored.
5. Ignition Interlock Device For Any DWI
Prior to 2013, NH only required Ignition Interlock Devices for drivers convicted of an Aggravated or Subsequent DWI. The Judge retained discretion to order them in any DWI. However, starting January 1, 2013, The NH DMV has the authority granted by Legislature to require an Ignition Interlock Device for any DWI conviction.

The NH DWI Attorneys at Tenn And Tenn, P.A.
Be safe in 2013- – don’t drink and drive. A NH DWI carries significant penalties. If you have been charged with DWI, hire the experienced DWI Lawyers at Tenn And Tenn, P.A. to protect your rights. Call us today at 603-624-3700 for a free DWI consultation to discuss your options.

Tenn And Tenn, P.A. maintains a statewide criminal defense practice and represents individuals in all NH Courts including: Brentwood District Court, Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Goffstown District Court, Hillsborough District Court, Hooksett District Court, Jaffrey District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Ossipee District Court, Plaistow District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court and Seabrook District Court.

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Happy New Year from the Law Office of Tenn And Tenn, P.A.

Please drive safely this New Year’s Eve.

Our NH DWI attorneys typically see a sharp increase in DWI’s around the holidays.  We wish everyone a happy, healthy and safe holiday season. However, should you be arrested and charged with a NH DUI, DWI, Aggravated DWI, Minor in Possession, Unlawful Intoxication, Reckless Driving or Negligent Driving call us today at 603-624-0390 for a free consultation.

Set forth below are the top holidays which our DUI Attorneys have seen Drunk Driving arrests spike in NH.  Please enjoy your holidays and be responsible with alcohol. Designated drivers and cab rides are far better options than facing a NH Judge.

Top holidays that people are charged with a NH DWI include:

1. July Fourth Weekend;
2. Halloween;
3. Labor Day Weekend
4. Thanksgiving Weekend;
5. Christmas Week;
6. Memorial Day Weekend;
7. New Year’s Eve & Day; and
8. St. Patrick’s Day.

Be safe this holiday season- – don’t drink and drive.  A NH DWI carries significant penalties.  If you have been charged with DWI, hire the experienced DWI Lawyers at Tenn And Tenn, P.A. to protect your rights.  Call us today at 603-624-0390 for a free DWI consultation to discuss your options.

Tenn And Tenn, P.A. maintains a statewide criminal defense practice and represents individuals in all NH Courts including: Brentwood District Court, Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Goffstown District Court, Hillsborough District Court, Hooksett District Court, Jaffrey District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Ossipee District Court, Plaistow District -Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court and Seabrook District Court.

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NH DUI AND MIRANDA RIGHTS

As NH DUI Lawyers, we are often asked by clients if the police mishandled the DUI arrest by not reading them their Miranda rights.   “Miranda” rights, as they are popularly known, stem from the United States Supreme Court case of Miranda v. Arizona.  In New Hampshire, Miranda applies to interrogations when a person has been arrested or taken into custody.  As such, Miranda applies after you have been arrested and the officer continues to interrogate you.

During the typical police encounter for a possible DUI, our local courts have ruled that the questions asked by police on the side of the road during their investigation are permissible custodial interrogations for Miranda purposes. As such, the police are under no obligation to advise you of your rights.  In the typical DUI arrest, roadside field sobriety tests are non-verbal statements and are also not covered by Miranda.  Because pre-arrest questions do not require Miranda, police officers are trained to obtain as much information as possible prior to placing you under arrest.

Miranda warnings are designed to protect the rights of individuals after they are taken into custody.  Once again, Miranda warnings are required to be provided following an arrest and prior to the officers continuing questioning.   The police must advise you of your Constitutional Miranda rights if they intend to interrogate you post-arrest.  Failing to do so should result in any statements made being declared inadmissible by the Court.

In any NH DUI, it is critically important that your NH DUI attorney carefully examine the police report and evidence to determine when you were in custody and no longer free to go, and move to strike statements made in violation of your Constitutional rights. The DUI Attorneys at Tenn And Tenn, P.A. have been helping individuals charged with a NH DUI for more than 20 years. Please feel free to contact us if you are facing a NH DUI charge at 603-624-0390.

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According to The Insurance Institute for Highway Safety (IIHS): “If checkpoints are held often over long enough periods of time and are well publicized, motorists assume police are cracking down on impaired drivers….. [t]his helps to dissuade people from driving after drinking.”  As one of the NH Criminal Defense Attorneys at Tenn And Tenn, P.A., these DWI roadblocks make me wonder if an ounce of prevention is really worth a pound of cure.

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Our Independence Day Celebration falls midweek this year.  With good weather on the horizon, NH tourism official estimate approximately 850,000 visitors into our State between Friday, June 29, and Wednesday, July 4, 2012. The NH  DWI Attorneys at Tenn And Tenn, P.A., take this opportunity to wish everyone a safe and happy Holiday, and to remind you not to drink and drive.
The 4th of July is Holiday is often celebrated with magnificent fireworks displays, baseball and family barbecues. But some revelers get caught up in the celebration and forget that drinking and fireworks can be a disastrous combination. Local authorities around the State have implemented roaming foot patrols to monitor the use of fireworks at busy public destinations. And, DWI Hunter patrols will be in force looking to stop drunk or impaired motorists.  Public drunkenness, illegal possession of alcohol, disorderly conduct and illegal use of fireworks are among the most common charges seen this Holiday.

Fireworks safety tips.

The National Council on Fireworks Safety offers the following tips to stay safe while using fireworks:

• Use fireworks outdoors only.
• Obey local laws. If fireworks are not legal where you live, do not use them.
• Always have water handy. (A hose or bucket).
• Only use fireworks as intended. Don’t try to alter them or combine them.
• Never relight a “dud” firework. Wait 20 minutes and then soak it in a bucket of water.
• Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.
• Alcohol and fireworks do not mix. Have a “designated shooter.”
• Only persons over the age of 12 should be allowed to handle sparklers of any type.
• Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.

Be considerate of others this July 4^th Holiday.

New Hampshire beaches, parks and recreational areas are great venues to celebrate July 4^th.   As NH Criminal Defense Attorneys, we remind you to be considerate of others as you celebrate our National Independence.  Disorderly Conduct violation (NH RSA 644:2) in NH Consists of the following types of activities:

1. Creating a condition in public that is hazardous and serves no legitimate purpose;
2. Fighting in public;
3.  Engaging in violent or tumultuous behavior in public;
4. Engaging in threatening behavior in public;
5.  Acting in a way that can evoke a violent reaction in public;
6.  Being obscene in public;
7.  Saying or yelling things in a public place that could offend someone;
8.  Saying or yelling offensive things in a private place that could be heard in a public place.

The NH Criminal Defense lawyers remind you to stay safe and arrest- free this July 4th.  If you need our help, feel free to contact our NH Criminal Lawyers at 603-624-0390.

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Laconia Motorcycle Week — DWI Arrest

This year marks the 89^th Annual Laconia Motorcycle Rally in picturesque New Hampshire.  With more than 250,000 expected visitors, the NH DWI Lawyers  remind our fellow riders and friends to BE SAFE and Don’t Drink and Drive.  As motorcycle riders ourselves, we understand that mixed New England weather always seems to send throngs of people flocking to the beer tents- to avoid either the rain or scorching sun.  Either way- if you will be riding your motorcycle back to your hotel or campground please limit your alcohol intake to avoid a DWI arrest at Bike Week.

The Laconia Rally is one of the premier motorcycle Rally’s in the world.  And, with so many visitors to the New Hampshire Lakes region, police are out in force.  In 2011, the local Laconia, NH law enforcement authorities reported 68 arrests for driving while intoxicated.  This year, State and local police are again planning aggressive enforcement aimed at detecting and apprehending impaired drivers.

If you are arrested in Alton, Barnstead, Belmont, Center Harbor, Gilford, Gilmanton, Laconia, Meredith, New Hampton or any surrounding town in New Hampshire for DWI, DUI, OUI or BWI (boating), call today and consult with our experienced and aggressive criminal defense lawyers.  We offer a free initial telephone consultation and case evaluation and are available to discuss your NH DUI at 603-624-0390.